When the criminal code was revised in 1995 in Germany, a provision of so-called fetal indication ("Embryopathic Indication") for abortion was deleted. Fetal abnormality is no longer a valid condition for an abortion. In response to this, the German Society of Human Genetics is voicing its opinion. According to said organization, the revision may invite misunderstanding and improper judgment. As long as the provision of fetalabnormality exists, it poses the danger of allowing one to judge a fetus with abnormalities to be "Not worth life", and it might also mislead one to believe that disabled individuals are not given enough protection. Truly, there is a difference between the fact that abortion due to fetal abnormality is performed and what inclusion in the provision of the law indicates. Even without the provision, abortion due to fetal abnormality could be allowed only when it is within the range of medical indication and the decision to do so is, through Genetic Counseling, made to be the only feasible choice by the patient and her family. Currently in Japan, there is debate among the parties concerned about the allowance of abortion due to fetal abnormality under the Maternal Health Protection Act. There is much to be learned from Germany's decision to delete the provision, including the recognition of the importance of Genetic Counseling and awareness of potential discrimination against individuals with disabilities. This is because inclusion in the provision of the law itself is a threat to their very existence.